The defendant is charged [in count
___] with assault in the first degree. The statute defining this offense reads
in pertinent part as follows:

a person is guilty of assault in
the first degree when with intent to cause serious physical injury to another
person, (he/she) causes such injury to such person or to a third person by means
of a deadly weapon or a dangerous instrument.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Intent to cause
serious physical injuryThe first element is that the
defendant intended to cause serious physical injury to another person. A person
acts "intentionally"
with respect to a result when (his/her) conscious objective is to cause such
result. <See
Intent: Specific, Instruction 2.3-1.>

"Serious
physical injury" is something more serious than mere physical injury, which
is defined as "impairment of physical condition or pain." It is more than a
minor or superficial injury. It is defined by statute as "physical injury which
creates a substantial risk of death, or which causes serious disfigurement,
serious impairment of health or serious loss or impairment of the function of
any bodily organ."

Element 2 - Caused serious
physical injuryThe second element is that, acting
with that intent, the defendant caused serious physical injury to <insert
name of person injured>. This means that the defendant's conduct was the
proximate cause of the person's injuries. You must find it proved beyond a
reasonable doubt that <insert name of person injured> was seriously
injured as a result of the actions of the defendant. <See
Proximate Cause, Instruction 2.6-1.>

[<If person injured was not the
person intended:> It does not matter whether <insert name of person
injured> was the person upon whom the defendant intended to inflict serious
physical injury. It is sufficient if you find that the defendant intended to
cause serious physical injury to another person and that (he/she) in fact caused
serious physical injury to that person or to some other person.]

Element 3 - With deadly weapon
or dangerous instrumentThe third element is that the
defendant caused that injury by means of a (deadly weapon / dangerous
instrument). <Insert the appropriate
definition:>

"Deadly
weapon" means any weapon, whether loaded or unloaded,
from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles. If the weapon is a firearm, it
may be unloaded, but it must be in such condition that a shot may be discharged
from it. Thus, if the weapon is loaded but not in working order, it is not a
deadly weapon. If the weapon is unloaded but in working order, it is a deadly
weapon.

"Dangerous
instrument"
means
any instrument, article or substance which, under
the circumstances in which it is used or attempted or threatened to be used,
is capable of causing death or serious physical injury. "Serious physical
injury" means physical injury which creates a substantial risk of death, or
which causes serious disfigurement, serious impairment of health or serious
loss or impairment of the function of any bodily organ. It is important to
note that the article need not be inherently dangerous; all that is required
is that the article was capable of causing death or serious physical injury
under the circumstances in which it was used. Any article or substance,
without limitation and even though harmless under normal use, may be found
by you to be a dangerous instrument if, under the circumstances of its use
or threatened or attempted use, it is capable of producing serious physical
injury or death. The state need not prove that in fact death or serious
physical injury resulted, only that the instrument had that potential under
the circumstances.

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant had the specific intent to cause
serious physical injury to another person <insert name of person if
applicable>, 2) the
defendant did cause serious physical injury to <insert name of person injured>,
and 3) the defendant caused the injury by means of a (deadly weapon / dangerous
instrument).

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
assault in the first degree, then you shall find the defendant guilty. On the
other hand, if you unanimously find that the state has failed to prove beyond a
reasonable doubt any of the elements, you shall then find the defendant not
guilty.

Commentary

Sentence EnhancerSection
53a-59 (b) provides an enhanced penalty if the victim is either under 10 years
of age or a witness if the defendant knew the victim was a witness. The jury
must find this fact proved beyond a reasonable doubt. See
Sentence Enhancers, Instruction 2.11-4.